The Bharatiya Muslim Mahila Andolan has gathered 50,000 signatures in a petition [1] to abolish the triple talaq system of divorce [2]. The group, which says its surveys shows that 92% of Muslim women want the practice banned, now seeks the support of the National Commission for Women. Triple talaq is an “un-Quranic” practice, says the letter composed by the BMMA, and several informed commentators would agree.
Whatever its place in the scriptures, the practice has grossly undermined the civil rights of Muslim women. The original ritual provided for three months of dialogue but, in practice, it is considerably shorter – a man may utter “talaq” three times and divorce his wife in an instant. Indian courts have patrolled the boundaries of the religious ritual, pronouncing that the man would have to prove that he went through the proper paces – providing a valid reason for divorce, waiting for three months and appointing arbitrators – if the talaq was legally challenged by the woman. Other rulings have tried to safeguard the woman’s right to maintenance. But, in most cases, the courts can only guarantee protections after the woman has approached them. Very often, that does not happen, and triple talaq remains an arbitrary and exploitative practice.
The push to end triple talaq has raised speculation that India is inching towards a uniform civil code. The merits of homogenised civil laws are a separate debate and, for the moment, the code remains a distant prospect. Specific reforms to dated personal laws, driven by the respective communities, is an appealing alternative. The BMMA’s petition could be a rare and important moment: a suppressed voice from within the community is asking for change. It must be heard.
Ipsita Chakravarty